Kalawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83893 of 2019 Arising Out of PS. Case No.-328 Year-2015 Thana- TURKAULIYA District- East Champaran ====================================================== KALAWATI DEVI W/o Lalu Mahto, D/o Birendra Mahto @ Gurdeli Mahto Resident of Village - Madhubani, P.S.- Sangrampur, Distt.- East Champaran, Naihar039 Address- Resident of Village - Sapahi Dera, P.S.- Turkauliya, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kishore Choudhary For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Turkauliya P.S. Case No. 328 of 2015 for the offence registered under Section 302/34 of the Indian Penal Code. The allegation is regarding the son of the informant having gone to the house of his in-laws whereafter his dead body was found lying on a bed sheet in a bamboo orchard situated at the place where the in-laws of the son of the informant were residing. It has been alleged that all the accused persons including the petitioner herein had conspired together and committed murder of the son of the informant. The learned counsel for the petitioner submits that as far as the petitioner is concerned, she is married sister-in-law
Patna High Court CR. MISC. No.83893 of 2019(3) dt.07-01-2020 2/2 of the son of the informant and living in a separate village, hence has got no complicity in the matter. It is further submitted that if at all anyone is responsible for the murder of the son of the informant, it might be the other co-accused persons, however, the petitioner being a lady and staying in a separate village has got no role to play in the alleged murder of the son of the informant. The petitioner is stated to be having a clean antecedent and is languishing in custody since 22.07.2019. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner herein to be released on bail.
Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 328 of 2015.
(Mohit Kumar Shah, J) S.Sb/- U T